Abstract:

Ronald Dworkin is one of the eminent philosophers of law and politics of the 20th century. The author has created a unique theory of justice, especially with his criticism to the doctrine of positivist law. Dworkin argued that justice is a wider concept which can not be squeezed into the narrow world of written rules. According to the author, the value called as justice is maintained not only by written rules but also by principles that is a part of law. In this respect, the concept of law is formed by rules and principles and judges refer to the principles to administer justice in the absence of any rules. However defining law as the form of rules and principles is not sufficient. At this point the judge who is to aply law is crucial. Dworkin’s ideal judge, a Herculean figure, plays a central role in the author’s theory of justice. Hercules is trying to maintain justice in every concrete case with his superhuman knowledge and skills. According to the author the legitimacy of political power stems from their respect for the rights and freedoms. Dworkin of the opinion that rights and freedoms have moral character, prior to their political and legal aspects, and trump in the hands of individuals. This approach that is defined as “rights thesis” by the Author requires that all authorities, in particular the judiciary, are obliged to respect these rights and freedoms

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